What are precursors for illicit drugs?
Precursors for illicit drugs are substances used in illicit drug manufacture as basic raw materials or as formulants. A substance from the List relates to any substance indicated in Annexes of Regulations 273/2004/EC and 111/2005/EC, including mixtures and natural products containing this substance. It excludes medicinal products, pharmaceuticals, mixtures, natural products and other preparations containing this substance provided that their composition makes their easy use impossible as well as not allowing for their extraction through available and cost-effective methods.
Substances from the List are divided into 3 categories as defines in relevant Annexes to Regulations 273/2004/EC and 111/2005/EC.
Legislation
The primary purpose of legislation on illicit drugs precursors is to prevent rerouting substances from the List into illegal production of illicit drugs. It encompasses decisions that the RS has adopted by ratifying UN Convention against Traffic in Illicit Drugs and Narcotic Substances from1988.
Contractor’s activities regarding the substances from the List
Contractors placing on the market any substances from the List, manufacturing them, processing, storing and distributing, importing them as well as using them to carry out other and intermediation activities, are obliged to acquire a licence or registration from the National Chemicals Bureau, if necessary.
Prior to any transaction they are liable to obtain a customer’s declaration; if they, however, deal with import or export they are obliged to obtained export and import permits respectively.
Contractor
Contractor is any natural (sole trader) or legal entity engaged in the trade* in substances form the List. What is more, the contractor is also any natural and legal person taking part in the import and export of substances from the List or in relevant intermediation activities.
*Placing on the market is any supply, against payment or free of charge, of the substances from the List in the Community, or it amounts to storage, production, manufacture, processing, trade, distribution or transmission of these substances for the supply purpose in the Community.
Responsible official
The responsible official is any person who is, in line with Article 3 Regulation 273/2004/EC, appointed by way of a decision or any other internal act by the contractor’s management. The responsible official is a person with high moral values, and is responsible and conscientious, and has not been punished for criminal offences in the past. The responsible official vouches that the contractor carries out their transaction in compliance with relevant legislation on illicit drug precursors.
License
Contractors are liable to obtain a licence from the competent authority before possessing the substances from the List, group 1.
Registration
Contractors are liable to obtain registration from the competent authority before being allowed to trade in substances from the List group 2, and for export of substances from the list, group 3.
Customer’s declaration
When it comes to the common EU market, contractors are liable to obtain a customers’ declaration on intended use of substances from the List before carrying out transactions with the substances from the List, groups 1 and 2. This customer’s declaration should be supported by their signature and stamp. Legal persons, on the other hand, are obliged to print out such customer’s declarations on notepaper.
Export license
Contractors are liable to obtain export permit for substances from the List into third countries. This export permit has to be acquired for export of substances from the List of group 1 and 2. As far as export of substances from the List group 3 is concerned, export permits have to be obtained only in the case of export into certain receiving countries as indicated in Annex IV Regulation 1277/2005/EC.
Import license
Contractors are liable to obtain import permit for import of substances from the List of group 1.
Documentation
Contractors are liable to keep all documentation produced in the course of any transactions with substances from the List: trade documentation such as invoices, delivery notes, cargo inventory, customs declarations and other relevant documents. The documentation has to contain a customer declaration as well. What is more, contractors are liable to keep such documentation at least for 3 years since the end of the last calendar year in the course of which the transaction were made. The documentation should always be made immediately available.
Annual Reporting
Contractors, licence and registration holders, are obliged to make reports to the competent authority in the transaction made with the substances from the List in the course of the previous calendar year, and no later than 15th February. The completed form is to be sent to the National Chemicals Bureau
Notification of suspicious transactions
Contractors are, in accordance with Article 8 273/2004/EC and Article 9 Regulation 111/2005/EC, liable to immediately notify the competent authority of all circumstances such as unusual commissions and transactions containing the substances from the List that could eventually lead to rerouting these substances into illegal production of illicit drugs and narcotic substances.
Contractors may communicate such circumstances to:
Ministrstvo za zdravje
Urad Republike Slovenije za kemikalije
Ajdovščina 4
1000 Ljubljana
Tel. +386 1 478-6051
Fax: +386 1 478-6266
Email: gp-ursk.mz(at)gov.si
Generalna policijska uprava
Uprava kriminalistične policije
Sektor za organizirano kriminaliteto
Oddelek za prepovedane droge
Štefanova 2
1000 Ljubljana
Tel. +386 1 428-4375
Tel. +386 1 428-4583
Fax: +386 1 432-6111
Email: ukp(at)policija.si
Contact Point: Barbara Clemente Taljat MSc
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